JUDGEMENT

R.M. Lodha, J. —

Delay condoned in SLP (Civil) No. 18031 of 2009.

Leave granted in both petitions.

2. The appellants have preferred these two appeals, by special leave, because consequent upon the judgment and order passed by the High Court of Orissa at Cuttack, they are likely to lose their job of more than 14 years with the Mahanadi Coalfields Limited (for short, ‘MCL’).

3. MCL is a Government of India undertaking. By the end of 1993, 38 vacancies of Mazdoors, Category-I (I.T.I.) had occurred in the MCL. MCL sent a requisition to the local employment exchange for sending a list of eligible candidates for filling up the said vacancies. The local employment exchange, in response to that requisition, sponsored 664 candidates. Out of these 664 candidates, 375 candidates submitted their biodata. After scrutiny of the biodata of these candidates, MCL called 316 candidates for the written test. Pursuant thereto, 289 candidates appeared for the same on October 29, 1995. They were also called for trade test in different batches during the period December 26, 1995 to January 5, 1996. Finally, 240 candidates secured qualifying marks. There is a dispute of fact about merit list as